21.B.115 Means of compliance

ALTERNATIVE MEANS OF COMPLIANCE — GENERAL

(a)A competent authority may establish means to comply with the regulation, which are different from the AMC that are established by EASA. In that case, the competent authority is responsible for demonstrating how those alternative means of compliance (AltMoC) establish compliance with the regulation.

(b)AltMoC that are used by a competent authority, or by an organisation under its oversight, may be used by other competent authorities, or another organisation, only if they are processed by those authorities in accordance with point 21.B.115 or 21.B.215, and by that organisation in accordance with point 21.A.124A or 21.A.134A.

(c)AltMoC that are issued by the competent authority may cover the following cases:

(1)AltMoC to be used by organisations under the oversight of the competent authority and which are made available to those organisations; and

(2)AltMoC to be used by the authority itself to discharge its responsibilities.

PROCESSING THE ALTERNATIVE MEANS OF COMPLIANCE To meet the objective of points (b) and (c) of points 21.B.115 and 21.B.215:

(a)the competent authority should establish the means to consistently evaluate over time that all the AltMoC that are used by itself or by organisations under its oversight allow for the establishment of compliance with the regulation;

(b)if the competent authority issues AltMoC for itself or for the organisations under its oversight, it should:

(1)make them available to all relevant organisations; and

(2)notify EASA of the AltMoC as soon as it is issued, including the information that is described in point (d) of this AMC;

(c)the competent authority should evaluate the AltMoC that is proposed by an organisation by analysing the documentation provided and, if considered necessary, by inspecting the organisation; when the competent authority finds that the AltMoC is in accordance with the Regulation, it should:

(1)notify the applicant that the AltMoC is approved;

(2)indicate that this AltMoC may be implemented, and agree when the production organisation exposition (POE) is to be amended accordingly; and

(3)notify EASA of the AltMoC approval as soon as it is approved, including the information that is described in point (d) of this AMC; and

(d)the competent authority should provide EASA with the following information:

(1)a summary of the AltMoC;

(2)the content of the AltMoC;

(3)a statement that compliance with the regulation is achieved; and

(4)in support of that statement, an assessment that demonstrates that the AltMoC reaches an acceptable level of safety, taking into account the level of safety that is achieved by the corresponding EASA AMC.

(e)All these elements that describe the AltMoC are an integral part of the records to be kept, which are managed in accordance with point 21.B.55.

CASES IN WHICH THERE IS NO CORRESPONDING EASA AMC When there is no EASA AMC to a certain requirement in the regulation, the competent authority may choose to develop national guides or other types of documents to assist the organisations under its oversight in compliance demonstration. The competent authority may inform EASA so that such guides or other documents may be later considered for incorporation into an AMC that is published by EASA using the EASA rulemaking process.

ALTERNATIVE MEANS OF COMPLIANCE — GENERAL

(a)A competent authority may establish means to comply with the regulation, which are different from the AMC that are established by EASA. In that case, the competent authority is responsible for demonstrating how those alternative means of compliance (AltMoC) establish compliance with the regulation.

(b)AltMoC that are used by a competent authority, or by an organisation under its oversight, may be used by other competent authorities, or another organisation, only if they are processed by those authorities in accordance with point 21.B.115 or 21.B.215, and by that organisation in accordance with point 21.A.124A or 21.A.134A.

(c)AltMoC that are issued by the competent authority may cover the following cases:

(1)AltMoC to be used by organisations under the oversight of the competent authority and which are made available to those organisations; and

(2)AltMoC to be used by the authority itself to discharge its responsibilities.

PROCESSING THE ALTERNATIVE MEANS OF COMPLIANCE To meet the objective of points (b) and (c) of points 21.B.115 and 21.B.215:

(a)the competent authority should establish the means to consistently evaluate over time that all the AltMoC that are used by itself or by organisations under its oversight allow for the establishment of compliance with the regulation;

(b)if the competent authority issues AltMoC for itself or for the organisations under its oversight, it should:

(1)make them available to all relevant organisations; and

(2)notify EASA of the AltMoC as soon as it is issued, including the information that is described in point (d) of this AMC;

(c)the competent authority should evaluate the AltMoC that is proposed by an organisation by analysing the documentation provided and, if considered necessary, by inspecting the organisation; when the competent authority finds that the AltMoC is in accordance with the Regulation, it should:

(1)notify the applicant that the AltMoC is approved;

(2)indicate that this AltMoC may be implemented, and agree when the production organisation exposition (POE) is to be amended accordingly; and

(3)notify EASA of the AltMoC approval as soon as it is approved, including the information that is described in point (d) of this AMC; and

(d)the competent authority should provide EASA with the following information:

(1)a summary of the AltMoC;

(2)the content of the AltMoC;

(3)a statement that compliance with the regulation is achieved; and

(4)in support of that statement, an assessment that demonstrates that the AltMoC reaches an acceptable level of safety, taking into account the level of safety that is achieved by the corresponding EASA AMC.

(e)All these elements that describe the AltMoC are an integral part of the records to be kept, which are managed in accordance with point 21.B.55.

CASES IN WHICH THERE IS NO CORRESPONDING EASA AMC When there is no EASA AMC to a certain requirement in the regulation, the competent authority may choose to develop national guides or other types of documents to assist the organisations under its oversight in compliance demonstration. The competent authority may inform EASA so that such guides or other documents may be later considered for incorporation into an AMC that is published by EASA using the EASA rulemaking process.